Writs
Virginia 2023 Regular Session
Writs of eviction; returns to issuing clerk. [HB-1836]
Writs of eviction; returns to issuing clerk; report. Requires the sheriff executing a writ of eviction to return such executed writ to the clerk of court who issued such writ. The bill further directs the Office of the Executive Secretary of the Supreme Court of Virginia to report annually to the Chairmen of the Senate Committee on the Judiciary, the Senate Committee on General Laws and Technology, the House Committee for Courts of Justice, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned
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Sponsored by: Rep. Clinton Jenkins
Governor: Acts Of Assembly Chapter Text (chap0442) on 03/23/2023
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Gettr Virginia 2023 Regular Session
Writs of eviction; returns to issuing clerk. [SB-1089]
Writs of eviction; returns to issuing clerk; report. Requires the sheriff executing a writ of eviction to return such executed writ to the clerk of court who issued such writ. The bill further directs the Office of the Executive Secretary of the Supreme Court of Virginia to report annually to the Chairmen of the Senate Committee on the Judiciary, the Senate Committee on General Laws and Technology, the House Committee for Courts of Justice, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned
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Sponsored by: Sen. Adam Ebbin
Governor: Acts Of Assembly Chapter Text (chap0443) on 03/23/2023
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Virginia 2023 Regular Session
Writs of actual innocence; statue of limitations for filing of a petition. [SB-958]
Writs of actual innocence. Requires the Attorney General to provide written notice of intent to join a petition for a writ of actual innocence to the local attorney for the Commonwealth in the jurisdiction of conviction or adjudication of delinquency. The bill directs the Court of Appeals to dismiss any second or subsequent petition for failure to identify new or different evidence in support of actual innocence or for failure to assert the new or different evidence in a prior petition under circumstances that constitute an abuse of the writ. The
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Sponsored by: Sen. Richard Stuart
Governor: Acts Of Assembly Chapter Text (chap0719) on 03/27/2023
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Virginia 2022 Regular Session
Marijuana-related offenses; creates writ of post-conviction relief. [HB-1348]
Writ of post-conviction relief for marijuana-related offenses. Creates a writ of post-conviction relief by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated on July 1, 2022, may petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2026. The bill has an expiration date of July 1, 2027.
Sponsored by: Rep. Carrie Coyner
Left In Courts Of Justice on 02/15/2022
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Virginia 2022 Regular Session
Writ of vacatur; victims of sex trafficking, payment of fees or costs. [HB-711]
Writ of vacatur; victims of sex trafficking; payment of fees or costs. Provides that a petitioner for a writ of vacatur for victims of sex trafficking shall not be required to pay any fees or costs for filing such petition if the petitioner is found to be unable to pay them.
Sponsored by: Rep. Mark Keam
Governor: Acts Of Assembly Chapter Text (chap0408) on 04/11/2022
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Virginia 2022 Regular Session
Writ of actual innocence; previously unknown or unavailable nonbiological evidence, etc. [HB-422]
Writ of actual innocence; previously unknown or unavailable nonbiological evidence; contents and form of petition. Changes the provision requiring that a petitioner petitioning for a writ of actual innocence based on previously unknown or unavailable nonbiological evidence allege that such evidence is such as could not, by the exercise of diligence, have been discovered or obtained before the expiration of 21 days following entry of the final order of conviction or adjudication of delinquency by the circuit court to instead require that the petitioner
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Sponsored by: Rep. Charniele Herring
Governor: Acts Of Assembly Chapter Text (chap0625) on 04/11/2022
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Virginia 2022 Regular Session
Writ of actual innocence; previously unknown or unavailable nonbiological evidence. [HB-423]
Writ of actual innocence; previously unknown or unavailable nonbiological evidence; contents and form of petition. Changes the requirement that a petitioner allege in a writ of actual innocence based on nonbiological evidence previously unknown or unavailable that such previously unknown or unavailable evidence is such as could not, by the exercise of diligence, have been discovered or obtained before the expiration of 21 days following entry of the final order of conviction or adjudication of delinquency by the circuit court to instead require
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Sponsored by: Rep. Charniele Herring
Stricken From Docket By Courts Of Justice (18-y 0-n) on 02/11/2022
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Virginia 2017 Regular Session
Petition for writ of actual innocence. [HB-2085]
Petition for writ of actual innocence. Provides that a person may petition for a writ of actual innocence based on biological evidence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life. The bill also provides that the Supreme Court of Virginia shall grant the writ upon finding that the petitioner has proven
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Sponsored by: Rep. Charniele Herring
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Writ of actual innocence; basis on nonbiological evidence, untested evidence. [HB-2086]
Writ of actual innocence based on nonbiological evidence; untested evidence. Allows a writ of actual innocence based on nonbiological evidence to be granted if scientific testing of previously untested evidence, regardless of whether such evidence was available or known at the time of conviction, proves that no trier of fact would have found proof of guilt of the person petitioning for the writ, provided that the testing procedure was not available at the time of conviction. The bill also eliminates the provision that limits a petitioner to only
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Sponsored by: Rep. Charniele Herring
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Unlawful detainer; initial hearings on a summons, etc. [HB-1811]
Initial hearings on a summons for unlawful detainer; amendments of amount requested on summons for unlawful detainer; immediate issuance of writs of possession in certain case judgments; written notice of satisfaction rendered in a court not of record. Provides that, at the initial hearing on a summons for unlawful detainer, upon request of the plaintiff, the court shall bifurcate the unlawful detainer case and set a continuance date no later than 120 days from the date of the initial hearing to determine final rent and damages. The bill requires
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Sponsored by: Rep. George Loupassi
Governor: Acts Of Assembly Chapter Text (chap0481) on 03/13/2017
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Virginia 2017 Regular Session
Petition for writ of actual innocence. [SB-1066]
Petition for writ of actual innocence. Provides that a person may petition for a writ of actual innocence based on biological evidence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life. The bill also provides that the Supreme Court of Virginia shall grant the writ upon finding that the petitioner has proven
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Sponsored by: Sen. John Petersen
Left In Courts Of Justice on 02/21/2017
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Virginia 2017 Regular Session
Appeal to Supreme Court; time frame for filing of petition. [SB-946]
Appeal to Supreme Court; time frame for filing of petition. Expresses the time frame within which petitions for appeal from a final judgment of a trial court or the State Corporation Commission to the Supreme Court shall be filed, currently expressed in months, in an equivalent number of days. As introduced, the bill is a recommendation of the Judicial Council.
Sponsored by: Sen. Mark Obenshain
Governor: Acts Of Assembly Chapter Text (chap0651) on 03/20/2017